Ps And Dist Kokrajhar vs The State Of Assam And Anr
2023 Latest Caselaw 3143 Gua

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GAHC010143052022




                          THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)



                          Case No: I.A.(Crl.)/811/2022

         Md. SAHADDI SK
         S/O LATE HABI SK
         RESIDENT OF VILLAGE BHADEJAGURI

         PS AND DIST KOKRAJHAR
         ASSAM


          VERSUS

         THE STATE OF ASSAM AND ANR.
         REPRESENTED BY THE PP
         ASSAM

         2:MOSSTT. JYOTSHNA BHANU KHATUN
         W/O JONAB ALI RESIDENT OF VILLAGE BANGALDUBA
          PS AND DIST KOKRAJHAR
         ASSAM
          ------------

Advocate for : MR P K DAS Advocate for : PP ASSAM appearing for THE STATE OF ASSAM AND ANR.

IN Case No. : Crl.A./340/2022

Md. SAHADDI SK.

S/O LATE HABI SK RESIDENT OF VILLAGE BHADEJAGURI, PS AND DIST KOKRAJHAR, ASSAM Page No.# 2/3

VERSUS

THE STATE OF ASSAM AND ANR.

REPRESENTED BY THE PP ASSAM

2:MOSSTT. JYOTSHNA BHANU KHATUN W/O JONAB ALI RESIDENT OF VILLAGE BANGALDUBA PS AND DIST KOKRAJHAR ASSA

Advocate for the Petitioner : MR P K DAS

Advocate for the Respondent : PP, ASSAM

BEFORE THE HON'BLE MR. JUSTICE ARUN DEV CHOUDHURY Order

16.08.2023.

Heard Mr. B. J. Mukherjee, learned counsel for the applicant. Also heard Mr. K. K. Parashar, learned Additional Public Prosecutor for the State of Assam.

This is an application under Section 389 of the Code of Criminal Procedure, 1973 praying for suspension of the sentences passed by the learned Assistant Sessions Judge, Kokrajhar vide Judgment and Order dated 14.12.2021 in Sessions Trial No. T2/132/2019 arising out of G.R. Case No. 779/2019, whereby convicted the applicant under Section 376 of IPC and sentenced to undergo rigorous imprisonment for 10 (Ten) years along with a fine of Rs. 5,000/- in default of payment to undergo rigorous imprisonment for 2 (two) months and to release the applicant on bail during the pendency of the appeal.

Perused the statement of the witnesses including the victim lady and the Page No.# 3/3

evidence of the Doctor.

Considering the inconsistence and improvement in the deposition of the PWs, more particularly the victim, this Court is of the considered opinion that the applicant has been able to make out a case for grant of bail during the pendency of the appeal.

Accordingly, It is directed that the applicant be released on bail on his furnishing a personal bond in the sum of Rs. 20,000/- (Rupees Twenty thousand only) with one solvent surety in the like amount to the satisfaction of the learned Assistant Sessions Judge, Kokrajhar.

While parting with the record, it is made clear that the observation made in this application is only for the purpose of bail and shall not be treated as any determination on the merit of the main case.

I.A. stands disposed of.

JUDGE

Comparing Assistant